Easy divorce paperwork FAQs

Divorce can be difficult to navigate, especially when it comes to filing divorce papers on your own. Many online divorce services offer DIY divorce options or alternative non-litigated options for couples looking for a fast and efficient way to divorce. Advertised as a way to avoid litigating in court, these services can vary drastically.  Some services will guide spouses through the steps of filing the proper paperwork, some will have options for attorney involvement, while others will give little guidance and limited instruction. Some states offer free, easy divorce paperwork online or self-help centers if the parties are willing to spend some time utilizing these services.

But can you file for divorce without an attorney? Yes, there are many options to assist a couple with the divorce process, but it is important to understand the legal complexities of your case and what services you are getting for what you pay.  An uncontested divorce is one in which the parties choose not to litigate.  While many couples do not need attorney assistance some couples have complex issues where attorney guidance or mediation is imperative.

Even in uncontested divorces, issues arise. If there are substantial assets to settle, unique circumstances, or you have children, it is advised that you seek help from an experienced family law attorney.

If you’re still considering a DIY divorce, read on for FAQs about filing divorce papers.

The information you need

When it comes to filing for divorce, there is no such thing as easy divorce paperwork. But below are answers to some commonly asked questions that may help you more clearly understand the DIY divorce process.

  1.  Where do I start?

Discover which court to file in. For the state of California go to www.visitcourts.ca.gov/find-my-court to find your court by zip code.

  1. Are there any residency requirements I need to meet?

To file for divorce in California either you or your spouse must have lived in California for the past six months and in your current California county for the past three months.

  1. What type of paperwork do I fill out first?

You must fill out a petition for dissolution of marriage to officially begin your divorce process. Furthermore, these documents must be properly served.

  1. Can I make copies of the petition?

Yes, once the court accepts your filing you will want to keep a copy for yourself and one to serve on your spouse. The court retains the original copy.

  1. Do I need a third party to serve my spouse?

A party to the divorce (either spouse) is not legally permitted to serve paperwork. Throughout your divorce you will need the assistance of a licensed process server, sheriff, professional in a legal office, or even a friend, to serve your papers.

  1. Do I need proof that my paperwork was served?

For every document that is served there is typically a corresponding proof of service that requires a signature by the third party and filed with the court.

  1. Can I request a temporary order from the court?

Yes. If you are in need of child custody and visitation, child support or spousal support orders you can file a motion, Request for Order, with the court to get temporary orders.  It can take several months to six months to get a court order. It is recommended that you hire an attorney to assist you with motions with the court. At minimum you should consult with an attorney prior to filing any motions.

  1. What is a declaration?

A declaration is your written testimony made under penalty of perjury. If you file a Request for Order, or respond to one, you will need to attach a declaration explaining the basis for your request. Particularly in states such as California where family law courts are overburdened the courts may decide a case partially based on declarations, without hearing much live testimony.

  1. Do I need to provide supporting financial documentation when doing disclosures?

Yes. The court requires all parties provide a clear financial picture of their assets and liabilities, income and education.  There are various court forms that will be exchanged, and the parties MUST provide supporting documentation to accompany their disclosures.  Additionally, service of declaration of these disclosures must be made under penalty of perjury, signed by the party completing disclosures, and filed with the court.

  1. Can I craft my marital settlement agreement without the help of an attorney?

Yes, but it is not advisable. Often one spouse will misquote the law or make statements that are not in line with California Family Law Code. Decisions are made on misinformation. If a couple has complex issues they can still have an uncontested divorce. But they should consider mediation conducted by an attorney and guided by a divorce consultant both with extensive family law experience.

Family law is very procedural, and one wrong checked box, missed proof of service or declaration, or other paperwork issues will cause your Judgment to be rejected. Working with an attorney or service that will help with divorce paperwork and guide you through each step of the process until your divorce is approved by the court is key to a successful marital dissolution.

The help you need

Whether you need help with divorce paperwork or legal advice in the state of California, Green Giraffe Legal Services can guide you through each stage, making sure you have the tools to make informed decisions. We offer unique flat fee divorce services for couples that are looking for legal assistance without litigating every issue. And we are supported by several attorney’s that can handle mediation and draft a couples final Marital Settlement Agreement.  Our team will craft a flat rate quote which gives you control over the cost of your divorce with a pay as you go plan to assist parties with budgeting.